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Colorado Floods: Lawmakers to explore what laws could help recovery

By Kurtis LeeThe Denver Post

Posted:
10/04/2013 12:40:55 PM MDT

Colorado National Guard soldiers lead a group of CDOT and state employees during a tour to look at the damage caused by recent flooding in the area on U.S. Highway 36 between Lyons and Pinewood Springs on Sept. 22, 2013 (AAron Ontiveroz, Denver Post file)

In the aftermath of widespread and deadly floods, state lawmakers now must determine what financial costs and potential legislation could arise from the devastation that has left 17 counties on a long and arduous path to recovery.

Those answers could come soon as a bipartisan panel of lawmakers forms at the state Capitol to address what legislation — if any — is needed to help residents in affected areas. Moreover, the panel of about 12 lawmakers will also review existing statutes to ensure that laws provide the most effective support tools for agencies and victims during these types of disasters.

"There's no partisanship to these floods," said House Minority Leader Brian DelGrosso, a Republican from Loveland, who is working to assemble the panel. Rising waters from the Big Thompson River overflowed roads and damaged hundreds of homes in his district.

"We need to make sure we're getting roads and power back in place, and legislation needs to be focused and specific. We can't just have 30 different bills trying to address various issues," DelGrosso said.

House Speaker Mark Ferrandino, a Denver Democrat, agreed there's no time for partisanship in the aftermath of the floods.

"Unlike Washington, we're coming together to address a difficult issue facing our state," Ferrandino said in a statement.

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After a barrage of wildfires the past two years scorched hundreds of homes, a handful of committees were formed to explore best practices in wildfire response and prevention. Among them was a wildfire insurance task force formed by Gov. John Hickenlooper that this week unveiled findings that include recommendations that lawmakers charge fees on homes built in the woods.

To date, Hickenlooper has signed three executive orders and allocated about $90 million in state funds to go toward early response and recovery efforts surrounding the floods. Hickenlooper had alluded to the possibility of a special session to address some concerns in the aftermath of the floods, but on Wednesday he announced it would not be needed.

The Federal Emergency Management Agency has pledged to cover much of the emergency response costs incurred by the state.

"We know there's federal funds, but however much we as a state need to allocate after the floods will be a top priority for the budget committee," said Rep. Crisanta Duran, a Denver Democrat, who will assume the role of chair of the budget committee in November.

Aside from costs and possible legislation tied to infrastructure, some have an eye on regulatory reforms to the often contentious oil and gas industry.

More than a dozen "notable" oil spills have dotted the state, and efforts to ban drilling on floodplains are in the preliminary stages.

Alan Gilbert, an official with the Department of Natural Resources and assistant to the executive director for flood response, said the natural disaster could lead to regulations tightening oil and gas activity in flood plains.

"That's been a legislative question in Colorado for many years. ... It looks to be an issue again," Gilbert said.

Rep. Mike Foote, a Democrat from Lafayette who sponsored a pair of regulatory oil and gas bills that died in the last legislative session, was noncommittal about whether, in the wake of floods, he would sponsor a measure that seeks more regulation on drilling.

"It's not a secret that people are talking about setbacks from waterways, which is valid," Foote said.

In an interview with Colorado Public News, Rep. Diane Mitsch Bush, a Steamboat Springs Democrat, said she planned to take up the issue of water contamination and greater setbacks for oil and gas wells from waterways.

But when recently asked about potential legislation, she was more circumspect.

"There needs to be time for assessments. This just is not something we can rush into," Mitsch Bush said.

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